June 2012 Blog Posts (7)

A collective bargaining provision re compelling arbitration does not conflict with the California Education Code if its enforcement would neither set aside, annul, or replace provisions of that Code.

United Teachers Los Angeles v. Los Angeles Unified School District, Supreme Court of California, case no. S177403, filed June 28, 2012

Link: http://www.courts.ca.gov/opinions/documents/S177403.PDF

LA Mediators were treated yesterday evening to a presentation of stunning intellectual acuity by Sean Judge and Bob Tessier.  We were also lucky to have in attendance Barry Brandt, a major presence in mediation in San Bernardino, and Jim Heiting, a former State Bar President, from Riverside, as well as a host of others from Los Angeles. Many thanks to Bob for his generosity in providing world-class Chinese food and…

The existence of an invalid release of a wage claim pursuant to Labor Code section 106.5 in an agreement does not provide a defense to the enforcement of an arbitration provision contained in the same agreement.

 Pulli v. Pony International, LLC, California Court of Appeal, Fourth District, Div. One, case no. D059137, filed June 19, 2012,

 Link:…

Parties' failure to reach an agreement regarding their dispute over payment of arbitration fees, after being instructed by arbitrators to do so, was a waiver of the right to arbitrate.

Cinel v. Barna, California Court of Appeal, Second District, Div. One, case no. B232380,  filed May 18, 2012, publication ordered June 15, 2012

Link: http://www.courts.ca.gov/opinions/documents/B232380.PDF

State statutory wage and hour claims are not subject to arbitration unless there is Federal preemption by the Federal Arbitration Act as applied to contracts evidencing interstate commerce.

Hoover v. American Income Life Insurance Company, California Court of Appeal, Fourth District, Div. Two, case no. E052864 filed May 16, 2012, publication ordered June 13, 2012

Link:…

Failure to agree to mediation before bringing suit under a California agreement for property sales bars recovery of legal fees even if plaintiff asserts excuse of discovery or other strategic reasons.

Cullen v. Corwin, California Court of Appeal, Third District, case no. C067861, filed June 7, 2012

Link: http://www.courts.ca.gov/opinions/documents/C067861.PDF

California Supreme Court ruling in Discover Bank v. Superior Court, 36 Cal.4th 148 (2005), that class waiver provision in an arbitration agreement will not be enforced if "class arbitration would be a significantly more effective way of vindicating the rights of affected employees than individual arbitration" is no longer controlling in light of U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, __ U.S. __ , 131 S. Ct. 1740 (2011) that such waivers are enforceable under the…